RTL Belgium SA

In October 2009, the investigatory office of the Broadcasting Authority of the French Community of Belgium received a complaint that television company RTL Belgium SA had broadcast a seven-hour teleshopping program, even though the legal limit for teleshopping programs was three hours. The investigatory office sent a letter to RTL Belgium to ask about the violation, but RTL Belgium responded that RTL Belgium’s parent, a Luxembourg company, was responsible for RTL Belgium’s broadcasting. RTL Belgium thus claimed that the Belgian authorities could not carry out the investigation. The Licensing and Control Authority of the Broadcasting Authority (the licensing authority) wanted to submit a question regarding the proper interpretation of the law governing the media dispute to the European Court of Justice (ECJ) for a preliminary ruling. However, under Article 267 of the Treaty on the Functioning of the European Union (TFEU), the ECJ had jurisdiction to issue the preliminary ruling only if the licensing authority qualified as a court or tribunal. The Belgian government argued that the licensing authority was a court or tribunal under ECJ precedent. However, the Luxembourg government and RTL Belgium asserted that the licensing authority did not qualify as a court or tribunal because its structure and composition meant that the licensing authority was not sufficiently independent.